Friday, May 27, 2011
Rapist sentenced to 50 more years for week-long assault on wife - appeal denied
A man who was convicted of raping his wife in a second trial was sentenced to 50 years in prison in addition to 22 years handed down in a previous aggravated rape conviction. The 50 years sentence stems from two consecutive 25 year sentences for aggravated rape and especially aggravated kidnapping. 6 year sentences for aggravated burglary and aggravated assault were imposed, but they'll run concurrently with the other charges.
Sullivan County Criminal Court Judge Robert Montgomery said that he “I shudder to think what might have happened” if Bristol TN resident Doug Young, 49, hadn't been apprehended in Georgia a week after he kidnapped and raped his wife, Heather Moore.
The rapes and kidnapping occurred over the week of January 4 to 11, 2008 after they ate breakfast at Moore's home. Young's presence was a violation of the protective order Moore filed against him on December 3, 2007, citing that “[Young] possesses many firearms and has threatened to shoot me and I am in fear for my life.” Moore's father, fred Moore began staying with his daughter, trying to protect her.
The two traveled in Moore’s vehicle to Asheville, N.C., where they spent the night at a rest stop; to Cades Cove in the Great Smoky Mountains National Park, where they circled the scenic loop over and over again; and to Cherokee, N.C., where they holed up at the Drama Inn for most of the next week, according to testimony presented Monday and Tuesday.
From Cherokee, Young and Moore took shopping and dining excursions to Spartanburg, S.C., and Clayton, Ga. From Jan. 4 to Jan. 11, Moore testified, Young kept a gun trained on her at almost all times, and forced her to have sex with him on at least seven separate occasions. Prosecutors are focusing only on the incidents that occurred in Sullivan County.
Everywhere they went, Moore testified, Young kept the pistol in his right-hand pants pocket. One day, while drinking vodka and driving, Young menaced her with the gun, running it up and down her head, saying, “I could kill you right now,” she recalled.
Friday’s sentencing concluded the most serious charges that Young racked up in just over a month between Dec. 1, 2007, and Jan. 10, 2008. Before then, he had been a superintendent at BurWil Construction, whose worst offense was an incident of joyriding as a juvenile.
But with his marriage to Moore unraveling, Young turned violent, sexually assaulting Moore in December 2007 at her home, after she refused to give him a hug, a jury concluded.
Then, on the eve of finalizing their divorce and days ahead of a hearing on Young’s aggravated rape charge, he violated the court’s no-contact order and stole in to Moore’s house to wait for her.
Prosecutors in Young’s second trial in August built their case by focusing on his offenses from the time he entered Moore’s residence, to when he left, abducting her at gunpoint, and commandeering her car.
According to Moore's previous victim impact statement, she fears coming home at dark, her rapist escaping and putting a gun to her head, and has to face the door when eating at restaurants. "All of this make it very difficult to report a crime like this and have the most horrible thing that has ever happened to you be exposed in the media for all to see.”
Moore's mother, Margaret Schaffer, said that “We’re going forward now. We’re not looking back.” Young's 2008 rape conviction is currently being appealed.
(Update 5-27-11) Doug Young's appeal of his 2009 rape conviction has been denied by the Tennessee Court Of Criminal Appeals in a unanimous decision dated Monday, May 23, 2011. The appeal is based on the introduction of Young's 1st rape conviction in the second trial as evidence. The court said that while testimony regarding the first rape conviction was a bit excessive, it allowed prosecutors to privide evidence of a criminal plan or motive. The appellate court also ruled that other evidence against Young outweightd the error of allowing the testimony relating to the first conviction. The entire decision can be found here in this pdf file. The case number is E2010-00027-CCA-R3-CD.